The practice of Triple Talaq is a punitive offence - Ordinance by His Excellency President of India
His Excellency President of India issued ordinance No. 7 of 2018[i] on 19/09/2018 “criminalizing” the practice of triple talaq. This ordinance was passed to protect the rights of married Muslim women and to prohibit divorce by pronouncement of word talaq thrice by the husband.
Chapter II of the Ordinance declares such talaqs as Illegal and void. Also this chapter provides for the punitive provision in case where such practices are practiced. According to the provision:
Any Muslim husband who pronounces talaq upon his wife shall be punished with imprisonment for a term which may extend to three years, and shall also be liable to fine.
Moreover, as per the ordinance, such offence shall be cognizable only if the complaint is logged of such practice by victim, or any close blood relatives. The offence is also compoundable and non bailable unless found proper/valid reason for the same and after hearing the married Muslim wife. The ordinance also provides the provision for maintenance and custody of child. The mother is entitled for the custody of child and also maintenance as deemed fit by Magistrate.
[i]The Muslim Women (Protection of Rights on Marriage)Ordinance, 2018 - No. 7 of 2018, dated 19th September, 2018